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Virginia Small Claims Questions & Answers
1 Answer | Asked in Banking, International Law and Small Claims for Virginia on
Q: I ordered something worth $110 online through a website from someone in Austrailia and I'm living in the USA. How can.

How can I get my money back?

I ordered it with my debit card, and the seller has not responded it's been 2 months since I ordered they didn't respond to my emails.

Tim Akpinar
Tim Akpinar answered on Mar 20, 2019

Contact the bank or institution issuing the card to see if they have provisions for resolving or adjudicating disputes.

Tim Akpinar

1 Answer | Asked in Civil Litigation, Small Claims and Traffic Tickets for Virginia on
Q: How can Virginiaenforce a tint violation on a traveling outofstate vehicle and getaway with violating the righttopasslaw

How can Virginia enforce a tint violation on an out of state vehicle and get away with violating the right to pass law?

Daniel P Leavitt
Daniel P Leavitt answered on Mar 3, 2019

Every driver in the US is required to comply with the individual requirements of each state they enter. When you enter a state you are required to abide by their laws. So if you bring marijuana that is legal to possess and use from one state where it's legal into a state where it's... Read more »

2 Answers | Asked in Land Use & Zoning, Small Claims, Real Estate Law and Landlord - Tenant for Virginia on
Q: Can my vehicle be towed from a private property without notice?

My plates had expired and my vehicle was towed from private property (my apartment complex). The towing company said they placed a notice on my car Tuesday, however I never seen a notice. Is it a time frame that they have to give me prior to towing the vehicle?

F. Paul Maloof
F. Paul Maloof answered on Feb 28, 2019

I do not handle car towing matters. Sorry.

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1 Answer | Asked in Landlord - Tenant and Small Claims for Virginia on
Q: An apartment I am renting was flooded by an upstairs neighbor. Whose responsibility are repairs after my lease ends?

The landlord informed me that if the neighbor that flooded us does not repair the damages by the time my lease is over. I will be the sole person responsible. Is this correct?

Also, is it true that as a tenant, I am required to cover a portion of the damage cost with my insurance?

F. Paul Maloof
F. Paul Maloof answered on Feb 5, 2019

The people who live upstairs are the negligent parties and are solely liable to the landlord for the damages whether before or after the end of your lease.

Renter's insurance may or may not have coverage for water damage caused by the upstairs neighbor. You should call the insurance...
Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: If I have a car that I have repaired in my shop and the customer doesn't come and pay bill.

I know I can take a mechanics lean out on car, but when I read the law it says I can take out a $1000.00 lean, is this true and if it is how can I go about getting the rest of what owed to me the invoice on car is for $4500.00.

Help in Virginia.... Part of the issue is there is a lien... Read more »

F. Paul Maloof
F. Paul Maloof answered on Dec 13, 2018

The best way to attempt to recover the $4,500 is to file a small claims lawsuit in court.

1 Answer | Asked in Small Claims and Civil Litigation for Virginia on
Q: 0nce judgement is granted in your favor of a debt warrant, how is the money obtained?
F. Paul Maloof
F. Paul Maloof answered on Nov 13, 2018

It is assumed that the losing party will not voluntarily pay the awarded amount. In that case, once the judgment awarded in your favor becomes final (the period of an appeal has passed), then the judgment creditor can enforce the judgment by filing and setting a court date for a Garnishment... Read more »

1 Answer | Asked in Civil Litigation, Contracts, Small Claims and Collections for Virginia on
Q: Can a lawyer include a stmnt of my account and the contract I signed when filing a warrant in debt? HIPAA?

Is it a Hipaa violation to include a complete statement of my account which includes what procedures I had done, along with a copy of the contract I signed when filing a warrant in debt with the court?

F. Paul Maloof
F. Paul Maloof answered on Nov 9, 2018

I do not handle medical collection cases so I regret that I cannot answer your question.

2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Q: In a warrant and debt can plaintiff take your home if they win judgement
L. Ilaine  Upton
L. Ilaine Upton answered on Aug 20, 2018

They can certainly put a lien on your house, that's very common. They could try to foreclose, but I've never actually seen anybody do this.

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2 Answers | Asked in Bankruptcy and Small Claims for Virginia on
Q: I recently got discharged from a chapter 7 bankruptcy from MS. I converted from a ch 13 that I filled back in 2015.

I bought some furniture in 2014 and I chose to keep it during the ch 13. Now Since I am discharged from the 7 I chose to Surender the furniture. I got a call from the Furniture place asking if I was keeping it or surrendering it. I told them surrendering it. They asked what my address was and I... Read more »

Timothy Denison
Timothy Denison answered on May 21, 2018

Unless they go back into bankruptcy court seeking relief, you shouldn’t have any worries. Likely the worst thing that happens is you could have to pay the fair market value of the property if you can’t return it.

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1 Answer | Asked in Small Claims for Virginia on
Q: Can I take someone to court in the state in which I live, even though the wrong was done to my property in another one?

A neighbor was arrested for trespassing on my property and stealing a cellular camera. The property in question is a house/land for sale in Louisiana, but I currently reside in Virginia(moved last year). I cannot fly to Louisiana for court proceedings, as the airfare might be more than the small... Read more »

Steve Miyares
Steve Miyares answered on May 18, 2018

Virginia does not have jurisdiction over an issue in Louisiana. But before you try anything else, you should check with the prosecutor in Louisiana who handled the criminal prosecution of this case. I am not licensed in Louisiana to know the answer, but it is possible that as part of his sentence... Read more »

1 Answer | Asked in Insurance Defense, Small Claims and Car Accidents for Virginia on
Q: I was hit by another vehicle while driving my father's vehicle. I have some pretty bad injuries. Who gets the settlement

I was not the driver at fault.

Christian K. Lassen
Christian K. Lassen answered on Apr 2, 2018

The car money goes to car owner, injury money to you, but you'll need representation to get maximum compensation

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: i recently requested that my car (titled, insured, and registered to me) be returned by my father but he refuses

on grounds that its been on his property for a year (really its only been about 11 months) although

i never explicitly nor legally transferred possession. he's also claiming that it belongs to him based on repairs (tires, heat). if i take him to court, what are my odds of getting back... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 23, 2018

If you can prove the title to the car is in your name, you have a very good chance of success in court.

1 Answer | Asked in Contracts, Landlord - Tenant and Small Claims for Virginia on
Q: My roommate and I share a lease. He moved out overnight and cut off utilites. Are there any legal actions i can take?

He has harassed me and has been violent the entire time I've lived here. I was planning on moving out and have been looking for places. He knows this. Then last night he moved out all of his stuff and cut off the utilities. Now i do not have the option to move out and have to find a roommate... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 11, 2018

Depending on what the lease states about the obligations of the tenants, you may be able to file a lawsuit in Court for breach of lease against your co-tenant.

1 Answer | Asked in Landlord - Tenant, Criminal Law, Personal Injury and Small Claims for Virginia on
Q: Can a landlord, steal everything out of your rental And move someone else in during that same 2 days?

Long story short. When he realized i not only was bad sick from the black mold and needed him to help get me out of there, he tried scaring us and intimidating us with his friends. Ive got pics and videos of the infestation. Ive got him on phone recording talking with my fiance and at first hed say... Read more »

F. Paul Maloof
F. Paul Maloof answered on Mar 3, 2018

This is a criminal law matter. I do not handle that type of case. You need to call the police and make a complaint. Good luck.

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Small Claims for Virginia on
Q: What are the rules on being charged a full months rent when I'm moving out on the 12th of a month?

In my case I am military, have submitted my orders to the property managers stating that I need to move to another state and am leaving my current command on the 12th of March. The property managers have told me that I have to pay the full March rent and keep all utilities on until the end of... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 22, 2018

There are some special rules for active military. Why don't you stop in and talk to a JAG Officer?

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1 Answer | Asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia on
Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?

We moved out, documented the condition in photos, videos and receipts of cleaning/replacements. We received an itemized list of damages on day 47 but postmarked on day 45. They kept our security deposit and say we still owe 877. One of the damages they listed was for something we have... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 19, 2018

Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: I sold my truck to my brother. I financed it at 5% interest. He stopped making payments and balance owed is $4200

This was a verbal agreement. I have records of all payments made and also email of terms of agreement. Can I take him to small claims court?

F. Paul Maloof
F. Paul Maloof answered on Feb 15, 2018

You are able to bring a claim against your brother in small claims court in Virginia. You will have the burden of proof to persuade a Judge that you should be awarded a judgment. That may be the easy part. Collecting the money from your brother after the judgment is entered will be the more... Read more »

1 Answer | Asked in Consumer Law, Real Estate Law and Small Claims for Virginia on
Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.

We bought the house and closed January 10th. When looking at the house and in the description of the house was told it was completely water proofed, turned out only the back wall was. We recently had a large down pour of rain and it flooded our basement, damaging a large carpeted area, which was a... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 14, 2018

You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as... Read more »

1 Answer | Asked in Civil Litigation and Small Claims for Virginia on
Q: Warrant in detinue in Va?

2 years ago my dad sold me his 1969 camaro for a dollar. Recently he has went into nursing home. He lived by himself and his house is paid for. He is 14000.00 due to nursing home. My aunt came in from Florida hasn't been here to even check on him in over 2 years and is poa has filed a warrant... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jan 31, 2018

It sounds like her story has no legs. If she appears before a Judge, she will have the burden of proof to provide documentary evidence to prove her claims, otherwise the Judge will dismiss her case.

1 Answer | Asked in Small Claims for Virginia on
Q: I have a barge that has been left attached to my dock for three years. The owner was hired to repair dock.,that was done

I am still waiting to have it removed...he comes by or returns calls about every other month. But has not removed it...do not want it's title if there is one..I have someone who will cut it up and haul away but the owner will not return my calls

Matthew Lane Kreitzer
Matthew Lane Kreitzer answered on Dec 5, 2017

Do not cutit up and haul it away. That will likely result in a lawsuit. The first step is to find a local lawyer to consult regarding the process for declaring that the boat must be removed and for recovery of any costs or fees you have incurred to this date.

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